Bill Status of HB 5330   97th General Assembly

Short Description:  SEXUALLY VIOLENT PERSONS

House Sponsors
Rep. Greg Harris-Brandon W. Phelps, Jehan A. Gordon and John E. Bradley

Senate Sponsors
(Sen. John M. Sullivan and Kimberly A. Lightford)


Last Action  View All Actions

DateChamber Action
  8/24/2012HousePublic Act . . . . . . . . . 97-1075

Statutes Amended In Order of Appearance
725 ILCS 207/21 new
725 ILCS 207/55
725 ILCS 207/60
725 ILCS 207/65
725 ILCS 207/70 rep.
730 ILCS 5/3-3-4from Ch. 38, par. 1003-3-4
730 ILCS 5/3-3-5from Ch. 38, par. 1003-3-5

Synopsis As Introduced
Amends the Sexually Violent Persons Commitment Act. Establishes procedures for serving a petition upon a person who is alleged to be sexually violent. Provides that if a person has been committed as a sexually violent person and has not been discharged, the Department of Human Services shall submit a written report to the court on his or her mental condition at least once every 12 months after his or her initial commitment for the purpose of determining (1) whether the person has made sufficient progress in treatment to be conditionally released, and (2) whether the person's condition has so changed since the most recent periodic reexamination (or initial commitment, if there has not yet been a periodic reexamination) that he or she is no longer a sexually violent person. Provides that at a discharge hearing the State has the right to have the person evaluated by experts chosen by the State. Incorporates into the discharge Section provisions relating to additional discharge hearings. Amends the Unified Code of Corrections. Provides that in making its determination of parole, the Prisoner Review Board shall consider the person's eligibility for commitment under the Sexually Violent Persons Commitment Act. Provides that if the Board paroles a person who is eligible for commitment as a sexually violent person, the effective date of the Board's order shall be stayed for 90 days for the purpose of evaluation and proceedings under the Sexually Violent Persons Commitment Act.

House Committee Amendment No. 1
Changes the provision concerning the service of a petition alleging that a person is a sexually violent person. Provides that if a person alleged to be a sexually violent person is in the custody of or is being supervised on parole or mandatory supervised release by the Department of Corrections or Department of Juvenile Justice, a petition filed under the Sexually Violent Persons Commitment Act may be served on the person by personnel of the Department of Corrections or Department of Juvenile Justice. Provides that service may be proved by affidavit of the person making service. Provides that the affidavit shall be returned to the Attorney General or State's Attorney of the county where the petition is pending for filing with the court. Provides that this service is in addition to other manners of service provided for in the Act and the Code of Civil Procedure.

Senate Committee Amendment No. 1
Provides that the bill is effective immediately.

Actions 
DateChamber Action
  2/8/2012HouseFiled with the Clerk by Rep. Brandon W. Phelps
  2/8/2012HouseFirst Reading
  2/8/2012HouseReferred to Rules Committee
  2/15/2012HouseAdded Co-Sponsor Rep. Jehan A. Gordon
  2/15/2012HouseAdded Co-Sponsor Rep. John E. Bradley
  2/27/2012HouseAssigned to Human Services Committee
  3/1/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Brandon W. Phelps
  3/1/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/5/2012HouseHouse Committee Amendment No. 1 Rules Refers to Human Services Committee
  3/7/2012HouseHouse Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/7/2012HouseDo Pass as Amended / Short Debate Human Services Committee; 011-000-000
  3/7/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/29/2012HouseChief Sponsor Changed to Rep. Greg Harris
  3/29/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/29/2012HouseAdded Chief Co-Sponsor Rep. Brandon W. Phelps
  3/29/2012HouseThird Reading - Short Debate - Passed 109-000-000
  3/30/2012SenateArrive in Senate
  3/30/2012SenatePlaced on Calendar Order of First Reading
  3/30/2012SenateChief Senate Sponsor Sen. John M. Sullivan
  3/30/2012SenateFirst Reading
  3/30/2012SenateReferred to Assignments
  4/11/2012SenateAssigned to Criminal Law
  4/16/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John M. Sullivan
  4/16/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/17/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  4/18/2012SenateSenate Committee Amendment No. 1 Adopted
  4/18/2012SenateDo Pass as Amended Criminal Law; 006-000-000
  4/18/2012SenatePlaced on Calendar Order of 2nd Reading April 19, 2012
  5/10/2012SenateSecond Reading
  5/10/2012SenatePlaced on Calendar Order of 3rd Reading May 15, 2012
  5/22/2012SenateThird Reading - Passed; 056-000-000
  5/22/2012HouseArrived in House
  5/22/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/22/2012HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Greg Harris
  5/22/2012HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/28/2012HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/28/2012HouseSenate Committee Amendment No. 1 House Concurs 114-000-000
  5/28/2012SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/28/2012HousePassed Both Houses
  6/26/2012HouseSent to the Governor
  8/24/2012HouseGovernor Approved
  8/24/2012HouseEffective Date August 24, 2012
  8/24/2012HousePublic Act . . . . . . . . . 97-1075

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